Customer: any professional or capable natural person within the meaning of articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site which is the subject of these general terms and conditions.
Provisions and Services: https://www.surgimab.com/ provides Customers with:
Content: All the elements making up the information on the Site, in particular text – images – videos.
Customer information: Hereinafter referred to as “Information (s)” which correspond to all personal data likely to be held by https://www.surgimab.com/ for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user connecting to and using the above-mentioned site.
Personal information: “Information which enables, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law no. 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “sub-processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679).
1. Presentation of the website.
Pursuant to Article 6 of French Law no. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the https://www.surgimab.com/ website are informed of the identity of the various parties involved in its creation and follow-up:
Owner : SAS SurgiMab SAS Share capital of 147812€ VAT number: FR31533892824 – 1025 AVENUE HENRI BECQUEREL 34000 Montpellier
The person responsible for publication is either a natural person or a legal entity.
Webmaster : BtoB Design – webdesign [at] btobdesign [dot] com – btobdesign.com
<Host : ovh – 2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer : Surgimab SAS – fcailler [at] surgimab [dot] com
2. General terms and conditions of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations.
The Customer may not in any way re-use, transfer or exploit for his own account all or part of the elements or works on the Site.
Use of the https://www.surgimab.com/ site implies full acceptance of the general conditions of use described below. These conditions of use may be amended or supplemented at any time, and users of the https://www.surgimab.com/ site are therefore advised to consult them regularly.
This website is normally accessible to users at all times. However, https://www.surgimab.com/ may decide to interrupt the site for technical maintenance purposes, in which case it will endeavour to inform users of the dates and times of the intervention in advance.
The https://www.surgimab.com/ website is regularly updated by the https://www.surgimab.com/ manager. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to become familiar with them.
3. Description of services provided.
The purpose of the https://www.surgimab.com/ website is to provide information about all of the company’s activities.
https://www.surgimab.com/ endeavours to provide information on the https://www.surgimab.com/ site that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or failures to update information, whether these are its fault or the fault of third-party partners who provide it with this information.
All information provided on the https://www.surgimab.com/ website is given for information only and is subject to change. Furthermore, the information provided on the https://www.surgimab.com/ site is not exhaustive. It is subject to changes having been made since it was put online.
4. Contractual limitations on technical data.
The website cannot be held responsible for any material damage arising from use of the site. In addition, users of the site undertake to access the site using recent, virus-free equipment and with an up-to-date, latest-generation browser.
The https://www.surgimab.com/ site is hosted by a service provider in the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: no. 2016-679)
The aim is to provide a service that ensures the highest level of accessibility. The host ensures continuity of service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible time, in particular for maintenance purposes, to improve its infrastructures, in the event of infrastructure failure or if the Services generate traffic deemed to be abnormal.
https://www.surgimab.com/ and the host may not be held liable in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment linked in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting
https://www.surgimab.com/ is the owner of the intellectual property rights and holds the usage rights to all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds.
Photo credit for the carousel on the home page: Koen verheijden (www.koenverheijden.nl).
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorisation of : https://www.surgimab.com/.
Any unauthorised use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
6. Limitation of liability
https://www.surgimab.com/ may not be held liable for any direct or indirect damage caused to the user’s equipment when accessing the https://www.surgimab.com/ website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
https://www.surgimab.com/ shall also not be liable for any indirect damage (such as loss of business or loss of opportunity) arising from the use of the https://www.surgimab.com/ website.
Interactive areas (possibility to ask questions in the contact area) are available to users. https://www.surgimab.com/ reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, https://www.surgimab.com/ also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
7. Personal data management
The Customer is informed of the regulations concerning marketing communications, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulation (RGPD: n° 2016-679).
7.1 Persons responsible for the collection of personal data
For Personal Data collected as part of the creation of the User’s personal account and browsing on the Site, the party responsible for processing the Personal Data is: SurgiMab SAS. https://www.surgimab.com/ is represented by Françoise CAILLER, its legal representative.
As the party responsible for processing the data it collects, https://www.surgimab.com/ undertakes to comply with the framework of the legal provisions in force. In particular, it is the Customer’s responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with full information on the processing of their personal data and to maintain a register of processing that complies with reality.
Whenever https://www.surgimab.com/ processes Personal Data, https://www.surgimab.com/ takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which https://www.surgimab.com/ processes it.
7.2 Purpose of data collected
https://www.surgimab.com/ is likely to process all or part of the data:
- to enable browsing on the Site and the management and traceability of services ordered by the user: connection and Site use data, invoicing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking…): hardware used for browsing, IP address, password (hashed)
- to improve browsing on the Site: connection and usage data
- to conduct optional satisfaction surveys on https://www.surgimab.com/: email address
- to conduct communication campaigns (sms, email): telephone number, email address
https://www.surgimab.com/ does not market your personal data, which is therefore only used by necessity or for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of https://www.surgimab.com/ have the following rights:
- right of access (Article 15 RGPD) and rectification (Article 16 RGPD), updating, completeness of Users’ data right of blocking or erasure of Users’ personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited
- right to withdraw consent at any time (Article 13-2c RGPD)
- right to restrict the processing of Users’ data (Article 18 GDPR)
- right to object to the processing of Users’ data (Article 21 RGPD)
- right to portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 RGPD)
- the right to define the fate of Users’ data after their death and to choose who https://www.surgimab.com/ should communicate (or not) their data to a third party they have previously designated
As soon as https://www.surgimab.com/ becomes aware of the death of a User and in the absence of instructions from the User, https://www.surgimab.com/ undertakes to destroy the User’s data, unless its retention proves necessary for evidential purposes or to meet a legal obligation.
If the User wishes to know how https://www.surgimab.com/ uses their Personal Data, ask to rectify it or object to it being processed, the User may contact https://www.surgimab.com/ in writing at the following address:
SurgiMab SAS – DPO, Surgimab SAS
1025 AVENUE HENRI BECQUEREL 34000 Montpellier.
In this case, Users must indicate the Personal Data they would like https://www.surgimab.com/ to correct, update or delete, identifying themselves precisely with a copy of an identity document (ID card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on https://www.surgimab.com/ by law, particularly with regard to the retention or archiving of documents. Finally, Users of https://www.surgimab.com/ may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://www.surgimab.com/ shall refrain from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognised as “non-adequate” by the European Commission without first informing the Customer. For all that, https://www.surgimab.com/ remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).
https://www.surgimab.com/ undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorised persons. However, if an incident impacting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://www.surgimab.com/, https://www.surgimab.com/ must inform the Customer as soon as possible and inform the Customer of the corrective measures taken. Furthermore https://www.surgimab.com/ does not collect any “sensitive data”.
The User’s Personal Data may be processed by https://www.surgimab.com/ subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective remits and for the purposes set out above, the main people likely to have access to https://www.surgimab.com/ Users’ data are mainly our customer service agents.
8. Incident notification
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security.
If we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take account of our legal obligations, whether at national or European level. We are committed to keeping our customers fully informed of all matters relating to the security of their account and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information of the user of the https://www.surgimab.com/ site is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of https://www.surgimab.com/ and its rights would allow the transmission of the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the site https://www.surgimab.com/.
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.surgimab.com/ uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, https://www.surgimab.com/ takes all reasonable steps to protect it from loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hypertext links “cookies” and internet tags (“tags”)
The https://www.surgimab.com/ site contains a number of hypertext links to other sites, set up with the authorisation of https://www.surgimab.com/. However, https://www.surgimab.com/ is not in a position to check the content of sites visited in this way, and consequently accepts no liability in this respect.
Unless you decide to deactivate cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options offered to you and described below, bearing in mind that this may reduce or prevent access to all or part of the Services offered by the site.
A “cookie” is a small information file sent to the User’s browser and stored on the User’s terminal (e.g. computer, smartphone) (hereinafter referred to as “Cookies”). This file includes information such as the User’s domain name, the User’s Internet service provider, the User’s operating system and the date and time of access. Cookies are in no way likely to damage the User’s terminal.
https://www.surgimab.com/ is likely to process the User’s information concerning their visit to the Site, such as the pages consulted, searches carried out. This information enables https://www.surgimab.com/ to improve the content of the Site and the User’s browsing experience.
As Cookies facilitate browsing and/or the provision of services offered by the Site, the User may configure his/her browser to allow him/her to decide whether or not to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or depending on the sender. Users may also configure their browser software so that they are offered the option of accepting or rejecting Cookies from time to time, before a Cookie is likely to be stored on their terminal. https://www.surgimab.com/ informs the User that, in this case, it is possible that not all the functionalities of their browsing software will be available.
If the User refuses the storage of Cookies in their terminal or browser, or if the User deletes those stored there, the User is informed that their browsing and experience on the Site may be limited. This could also be the case when https://www.surgimab.com/ or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.
Where applicable, https://www.surgimab.com/ declines all responsibility for the consequences related to the degraded operation of the Site and any services offered by https://www.surgimab.com/, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://www.surgimab.com/ to save or consult the Cookies necessary for their operation due to the User’s choice. For the management of Cookies and User choices, the configuration of each browser is different. This is described in the browser’s help menu, which will indicate how the User can modify his/her wishes with regard to Cookies.
At any time, Users may choose to express and modify their wishes with regard to Cookies. https://www.surgimab.com/ may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the Twitter, Facebook, Linkedin and Google Plus social networks appearing on the https://www.surgimab.com/ Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the https://www.surgimab.com/ Website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only deposited on your terminals if you consent to them, by continuing your browsing on https://www.surgimab.com/‘s Website or mobile application. At any time, however, the User may revoke their consent for https://www.surgimab.com/ to deposit this type of cookie.
How do I exercise my choices, depending on the browser I use?
For the management of cookies and your choices, the configuration of each browser is different. It is described in your browser’s help menu, which will tell you how to modify your cookie preferences.
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How can I exercise my choices on a smartphone?
You can control the deposit of cookies on your smartphone in the operating system rules.
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9.2. INTERNET TAGS
https://www.surgimab.com/ may occasionally employ Internet tags (also known as “tags,” or action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a specialist web analytics partner that may be located (and therefore store related information, including the User’s IP address) in a foreign country.
These tags are placed both in the online advertisements enabling Internet users to access the Site, and on the various pages of the Site.
This technology allows https://www.surgimab.com/ to evaluate visitors’ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Site by the User.
The external service provider may collect information about visitors to the Site and other websites using these tags, compile reports on Site activity for https://www.surgimab.com/, and provide other services relating to the use of the Site and the Internet.
10. Applicable law and attribution of jurisdiction.
Any dispute relating to the use of the https://www.surgimab.com/ site is subject to French law.
Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Montpellier.